MINIMUM STANDARDS FOR APPRENTICESHIP

Registered with the Virginia Apprenticeship Council According to Act of Virginia Legislature Chapter 6,

Title 40.1, Code of Virginia

Effective July 1, 2015 and

Recognized by the U. S. Department of Labor Office of Apprenticeship

These Minimum Standards for Apprenticeship are hereby adopted for use by:

Sponsor: ----------------------------------------------------------------

Date: --------------------------------~---------------------------------

Signature of Sponsor's Representative: -------------------------------------------

These Standards for Apprenticeship are hereby approved:

Secretary of the Virginia Apprenticeship Council : -------------------------------------

- CONTENTS-

1. Interpretations and Implementation of Standards 12. Initial Probationary Period 2. Definitions 13. Periodic Evaluation 3. Apprenticeship Programs 14. Hours of Work 4. Apprenticeship Agreements 15. Apprentice Wages 5. Equal Employment Opportunity 16 Transfer, Layoff/Reinstatement 6. Term of Apprenticeship Suspension or 17. Certificate of Completion

Cancellation 18. Student Apprentices 7. Credit for Previous Experience 19. Number of Apprentices to be Trained In Program 8. Supervision of Apprentices 20. Additional Sponsor Apprentice Qualifications 9. Responsibilities of Apprentices 21 . Modifications 10. On-The-Job Training 11 . Related Instruction

1. INTERPRETATIONS AND IMPLEMENTATION OF STANDARDS a The Minimum Standards For Apprenticeship ('Standards ) are based

on, and conform to: i. Regulations Govem1ng the Administration of Apprenticeship

Programs 1n the Commonwealth of Virginia', Chapter 20 of the Virg1nia Administrative Code.' (Regulation 16VAC20-21-10 et seq.)

ii . 'Voluntary Apprent1cesh1p Act' §§40 1-118 through 40.1-126 of the Code of Virginia

b. Each registered apprenticeship program must comply. at a minimum, with all1tems in these Standards. (Regulation16VAC20-21-30)

c. Each apprenticeship agreement will be governed by the terms and conditions in these Standards (Regulation 16VAC20-21-70; VA Code §40 1-121 )

d If a sponsor and apprentice have a difference of opinion m the interpretation of the Standards wh1ch cannot be satisfactonly resolved either of them may consult with the CommiSSIOner through the Apprenticeship Director, for clarification of the matter 1n question. (Regulation 16 VAC20-21-120)

2. DEFINITIONS a Apprentice -A person at least 16 years old, who is leam1ng and

working 1n an apprent1ceable occupation and 1s covered by a written Apprent1cesh1p Agreement with an employer, reg1stered with the Virginia Department of Labor and Industry (DOLl) (Regulation 16VAC20-21-20 VA Code §40.1-120)

b Apprenticeable Occupation - A skilled trade wh1ch 1s customarily learned in a practical way through a structured systematic program of on-the-job supervised work experience, 1s clearly identifiable and recognized throughout an industry; 1nvolves manual, mechanical or techmcal skills which require a minimum of 2.000 hours of on-the-Job work experience, requires related instruction to supplement the on-the­JOb work experience. (Regulation 16VAC20-21-20, VA Code §40.1-120)

c. Apprenticeship Agreement • (Agreement) An approved written agreement between a sponsor and apprentice (and guardian if apprentice is under 18). as defined in Regulation 16VAC20-21-20 By s1gning the Agreement, all parties agree to accept all terms and requirements contamed m the Standards. the sponsor's Program Registration, the Act and the Regulations (Regulation 16VAC20-21-70, VACode§40.1-121)

d Soonsor · An employer, assooation of employers. joint apprenticeship committee or organization of employees that has an approved apprenticeship program registered with the DOLl. A program shall be operated by the sponsor and registered in the sponsor's name (Regulation 16VAC20-21-20; VA Code §40.1-120)

e. Suoervisor of Apprenticeship • The person designated by the sponsor to perform the duties outlined in the Standards and will be designated on the Program Registration. (Regulation 16VAC20-21-20)

Program Registration • An approved written description of the terms and conditions of apprentices employment, training and superv1s1on under a sponsor s apprentice- ship program for a spec1fic apprenticeable occupation, 1n accordance with the Act, Regulations. Standards, and any additional State Board Apprenticeship Standards which apply The Program Reg1strat1on shall incorporate a written Schedule of Work Processes. (Regulation 16VAC20-21-50)

g Virg1ma Apprenticeship Council (VAC) • Organization wh1ch develops regulations and policies, and determines Standards for Apprenliceship 1n Virginia. Members are appointed by the Governor The U S Department of Labors Office of Apprenticeship has granted VAC authority to issue Certificates of Completion upon completion of the program. (Regulation 16VAC20-21-20. VA Code §§40.1-117 & 40.1-118, items 1 3, 4 5)

h Virg1nia Department of Labor and Industry IDOLil • The agency which admm1sters the Voluntary Apprenticeship Act and its related regulations 1n Virg1n1a DOLl acts as the official agent of the VAC (Regulat1on 16VAC20-21-20 VA Code §40 1-125) Commissioner- The Comm1ssioner of the Virg1nia Department of

Labor and Industry as defined by VA Code §40.1-2

3. APPRENTICESHIP PROGRAMS a Program Approval • Sponsors must have wntten notice of registration

before establishmg any Apprenticeship Agreements to employ and train individual apprentices (Regulation 16VAC20-21-30, items A, C, D)

b Program Termination - Programs may be canceled by sponsor request or de-registered by the OOLJ Canceled programs may be reinstated upon sponsor request if they meet registration reqUJrements. De­registered programs may be reinstated if the VAG determines that there IS adequate evidence that the program is being operated in accordance with the Act and Regulations (Regulation 16VAC20-21-70 & 16VAC20-21-80)

c Program Evaluation • qou shall review and evaluate each sponsor's program as required (Regulation 16VAC21-30, item H)

4. APPRENTICESHIP AGREEMENTS a Each Apprenticeship Agreement is a contract between, and must be

signed by the apprentice (and guard1an if apprentice 1s under 18 years of age) and the sponsor's authorized representative, and registered with the VAC (Regulation 16VAC20-21-70 item 1 VA Code §40.1-122)

b A signed Apprenticeship Agreement indicates that both apprent1ce (and guardian) and sponsor understand and agree to all apprenticeship requirements

c To be valid, each Apprenticeship Agreement must i. Comply with Regulation 16VAC20-21-70, VA Code §40.1-121 1 Contam all required signatures (Regulation 16VAC20-21-70 item

1 VACode§401-121) i1 . Be approved by the l::X:XJ (Regulation 16VAC 20-21-30, VA

Code §40 1-122) iv. Be reg1stered and filed by the sponsor. (Regulation 16VAC20-

21-30. item C 1 & 2) d All required signers must receive a copy of the s1gned Apprenticeship

Agreement and Standards.

5. EQUAL EMPLOYMENT OPPORTUNITY a Sponsors and potential sponsors must not discriminate (based on

race color, relig1on national origm, sex or physical handicap, wh1ch is unrelated to the person's qualifications and ability to perform the job) in recruiting, selectmg, employing or training apprentices. (Regulation 16VAC20-21-30 item 2, and 16VAC20-21-50, item 23)

b Sponsors must take affirmative action to provide equal opportunity in operating apprenticeship programs Programs must operate as reqUired under the Virgmia State Plan, and they must comply with Title 29 of the Code of Federal Regulations, Part 30 (Regulation 16 VAC 20-21-30, item 8.2)

6. TERM OF APPRENTICESHIP a The min1mum term for any apprenticeship program shall be 2.000

hours of reasonably continuous employment. (Regulation 16VAC20-21-50. item B. 2.a VA Code §40.1-120)

b. Employment must be supplemented by the amount of related instruction required m the craft or trade. A min1mum of 144 hours of related instruction is recommended for each year of apprenticeship. (Regulation 16VAC20-21-50, item B 4.)

c When the apprentice IS required to work overtime, these overtime

hours WIUJWILL NOT be credited to the term of apprenticeship. (Regulation 16VAC20-21-50, item 8.2.)

7. CREDIT FOR PREVIOUS EXPERIENCE a. An applicant for apprenticeship may be allowed credit on the term of

apprenticeship documented for prior experience whether with the sponsor or elsewhere.

b The sponsor's Supervisor of Apprenticeship must review and approve the applicant's record of previous experience before such experience will be credited. (Regulation 16VAC20-21-50. item 8.14)

8. SUPERVISION OF APPRENTICES a Each sponsor must designate a Supervisor of

Apprenticeship. (Regulation 16VAC20-21-20) b. The Supervisor of Apprenticeship must assure that

i. All programs are registered with the DOlJ ii. All apprentices receive a company orientation that mcludes.

Standards of Apprenticeship, any additional industry standards, company policies, safety rules and regulations.

iii. All apprentices receive instruction in safe and healthful working methods in each operation as it is encountered throughout the term of apprenticeship.

iv All apprentices are adequately trained and supervised in all areas by qualified personnel. (Regulation 16VAC20-21-50, item 8.11)

v Each apprentice's progress is reviewed and documented prior to moving to a new wage level. (Regulation 16VAC20-21-50, items 8 5, 8.6)

vi Credit for previous experience is granted when appropriate. (Regulation 16VAC20-21-50, item 8.14)

vii Each apprentice is notified of related instruction requirements and the name and location of each approved related instruction provider. (Regulation 16VAC20-21-50, item 8.4)

viii. Related Instruction Provider(s) is contacted to review each apprentice's educational progress before the expiration of each wage period. (Regulation 16VAC20-21-50, item 8.6)

ix. Records are prepared and filed at specified intervals of apprentice's aptitude, skill and progress. Submits prompt and complete written notification to DOLl of any change in apprentice status. (Regulation 16VAC20-21-30.E;16VAC20-21-50, item 8.6)

x. Any other duties needed to develop and maintain an effective apprenticeship program. (Regulation 16VAC20-21-50)

9. RESPONSIBILITIES OF APPRENTICES a. Apprentices are employees and have basic employee responsibilities

Each apprentice must make every effort to become a well-qualified joumeyworker.

b. Each apprentice must be on time for work, learn all work processes, complete all work assignments, and take initiative to ask appropriate questions.

c. Each apprentice must be registered for related instruction courses, attend regularly and be on time.

d. Each apprentice should review these Standards and the sponsor's Program Registration to ensure that he/she 1s trained and paid according to these documents.

e Each apprentice has the responsibility to consult with the Supervisor of Apprenticeship to assure that all accurate and appropriate records are updated and DOLl Is notified promptly of any changes in status. Each apprentice must use appropnate conduct 1n the classroom and on the job site.

g. Each apprentice must obtain licensing applications following completion of the apprenticeship Program.

10. ON-THE-JOB TRAINING a The apprentice shall be given instruction and work experience as

established by industry practice and as listed in the work processes b. The work experiences do not need to be in the precise order as listed 10

the work processes. c. The work processes must be recorded in the Program Registration.

11. RELATED INSTRUCTION a. Each apprentice shall receive related instruction and shall provide the

Supervisor of Apprenticeship with evidence of satisfactory participation and progress following completion of each class

b. A minimum of 144 hours of related instruction IS recommended for each year of apprenticeship. (Regulation 16VAC20-21-50, item 8.4; 16VAC20-21-70, item S.b.)

c. The Apprenticeship Agreement can be suspended or canceled when an apprentice does not satisfactorily complete either the on-the-Job training or related instruction. Exceptions may be allowed for sickness or injury. (Regulation 16VAC20-21-70, item 8.b.(1)&(2))

12. INITIAL PROBATIONARY PERIOD a. Each apprentice must serve between 500 and 2,000 hours of the

apprenticeship term as an initial probationary period The specific number of hours is stated in each Program Registration. (Regulation 16VAC20-21-50, items 8.2 & 8 10; 16VAC20-21-70, item 8 a)

b. During the probationary period cancellation of the Apprenticeship Agreement may be requested by the sponsor or the apprentice Notice of such actions must be given to the DOLl . (Regulation 16VAC20-21-50, item 8.20-22; 16VAC20-21-60, item 8.2.b)

c. Full credit will be given for the initial probationary penod toward completion of the apprenticeship program. (Regulation 16VAC20-21-50, item 8.10)

d. All apprentices registered under these Standards shall be subject to an initial probationary period of ___ hours of employment

13. PERIODIC EVALUATION The progress of each apprentice's JOb performance and related instruction shall be subject to a periodic review prior to the expiration of each wage period. Should a review reveal a lack of interest or ability on the part of the apprentice, the apprentice will be informed of the deficiency and may be placed on probation for a sufficient period to determine improvement or failure. At the end of the probationary period, if the apprentice has not shown acceptable improvement, the apprenticeship agreement may be suspended or canceled. The sponsor must promptly notify the apprentice and the DOlJ in writing of any suspension or cancellation (Regulation 16VAC20-21-50, items 8.6 & 8.22; 16VAC 20-21-70, item 8.b)

14. HOURS OF WORK a. Hours of work for apprentices shall be the same as for all other

employees in the same occupation The VAC defines a full-time work week as 37-40 hours.

b. Time spent at related instruction MAY OR MAY NOT be considered as hours of work. The sponsor's decision must be documented in the Program Registration (Regulation 16VAC20-21-70, item b.7)

c. Sponsors shall not require apprentices to work hours that would interfere with attending related instruction except in emergencies.

15. APPRENTICE WAGES a. The term of each apprenticeship program shall be divided into periods,

with wages that progressively increase as the apprentice progresses in skill and productivity. Wages will be established in accordance with federal and state wage laws. (Regulation 16VAC 20-21-50, items 8.5 & B 14;16VAC20-21-70, item 7, 16VAC20-21-80, item C.1.(iii))

b. Wages are based on the basic rate paid to journeyworkers and must reflect any credit g1ven for previous experience. Overtime shall be based on the same percentage as that paid all other hourly employees (Regulation 16VAC20-21-50, item 8.5)

c. The min1mum wages paid all apprentices employed under these Standards must be recorded in the Program Registration. (16VAC20-21-50, item 8.5)

d Apprentices who are given credit for previous training or experience shall be paid the wage rate commensurate with the period to which such credit advances them (Regulation 16VAC20-21-50, items 8.5 & 8.14)

16. TRANSFER, LAYOFF/REINSTATEMENT, SUSPENSION OR CANCELLATION a. Transfer - If a sponsor is no longer able to fulfill his obligation for

training of an apprentice, the apprentice may be transferred or registered with credit for previous training to another sponsor. DOLl must be notified in writing and must approve all transfers.(Regulation 16VAC20-21-30.E;16VAC20-21-50,item B 15; 16VAC20-21-80, item B.)

b. Layoff/Reinstatement - Apprentices may be laid-off in the commensurate ratio of apprentices to joumeyworkers. Apprentices laid-off under these Standards shall be entitled to seniority privileges and shall be reinstated in the seniority standing before any new apprentices are registered. DOLl must be notified in writing of all apprentices laid-off and/or reinstated

c. Suspension and Cancellation - Apprenticeship agreements may be suspended or canceled at any time for appropriate reason. The sponsor must notify DOLl in writing within 45 days stating the reason for the suspension or cancellation. (Regulation 16 VAC 20-21-70, item 8.b. (1 & 2); 16VAC20-21-30, item E; 16VAC20-21-50, item 8.20)

17. CERTIFICATE OF COMPLETION Upon the completion of the term of apprenticeship and having met the requirements of the program, the VAC shall be requested by the sponsor to prepare a Certificate of Completion, to be issued in the name of the apprentice who has successfully completed training and the term of apprenticeship.(Regulation 16VAC20-21-30,item E; 16VAC20-21-50, item 8.17)

18. STUDENT APPRENTICES a Student apprenticeships are available to h1gh school and community

college students. b All apprenticeships requirements and restrictions described in the

Standards shall apply to student apprentices, except the following: i For high school students, a letter of permission from their principal

is required; ii. Student status must be maintained. If a student leaves school prior

to graduation his/her student apprenticeship will be canceled; iii. Work hours and related instruction requirements may be different

for student apprentices than non-student apprentices.

19. NUMBER OF APPRENTICES TO BE TRAINED IN THE PROGRAM The number of apprentices shall be determined by the adequacy of facilities, the need of joumeypersons in the community and reasonable assurance of employment in the occupation establishment upon completion of training To ensure adequate training the ratio of apprentices to joumeypersons shall not exceed. one (1) apprentice to journeyworker(s). (Regulation 16VAC20-21-50, items 8.8 & 8.9)

20. ADDITIONAL SPONSOR APPRENTICE QUALIFICATIONS (optional)

a Age Minimum• ___________ ___ __ _ b Education ___________________ _ c. Phys1cal Capability _______________ _ d Other __________________ _ e. See attached ________________ _

*minimum permitted by law is 16 years of age

21. MODIFICATIONS The sponsor must notify the DOLl promptly in writing of any proposed program modifications and request approval from the DOU. Any program modifications shall not alter or affect apprenticeship agreements in effect at the time of modification without the consent of all parties affected. (Regulation 16VAC20-21-30, items E and H.2; 16VAC20-21-50, item 8.20)

The apprenticeship program may be cancelled by DOLl for due cause The sponsor may withdraw his program by submitting a written request to the DOU. (Regulation 16VAC20-21-80)